Patna High Court
Safakkat Alam @ Md Safkat AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner with a bond of Rs.10,000 and two sureties, subject to a condition of non‑repetition.
Summary
Safakkat Alam was arrested in connection with the seizure of 121.560 litres of illicit foreign liquor from a vehicle, alleged to be a violation of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passenger, not the driver or owner, and was unaware of the liquor, also alleging that the police failed to comply with Section 105 of the B.N.S.S. during the seizure. The State opposed bail, citing four prior criminal cases against the petitioner. After hearing both sides, the Patna High Court considered the facts, the alleged procedural lapse, and the petitioner’s claim of innocence, and decided to grant regular bail. The court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to the condition that he not commit similar offences in the future.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged involvement in the illicit liquor seizure
- Whether non‑compliance with Section 105 of the B.N.S.S. by the police affects bail eligibility
- Whether prior criminal antecedents preclude the grant of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- B.N.S.S. — s. 105
Subjects
- bail
- excise
- illicit liquor
- seizure
- Section 105
- prior criminal antecedent
- regular bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21475 of 2026
Arising Out of PS. Case No.-222 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Safakkat Alam @ Md Safkat Alam, S/O Hajrat Ali, R/O Village-Girda ward
no. 11, Ramganj, PS- Jokihat, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 30(a) and
32(3) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from a
vehicle, altogether 121.560 liters of illicit foreign liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. He is neither the driver nor
the owner of the vehicle. He was just a passenger in that vehicle.
He was unaware of the liquor being kept in the vehicle. Nothing
has been recovered from his possession. It has further been
Patna High Court CR. MISC. No.21475 of 2026(2) dt.06-04-2026
2/2
submitted that the witnesses of the seizure list are police
personnel. Police has not complied Section 105 of the B.N.S.S.
while making the seizure. Petitioner is languishing in judicial
custody since 23.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of four
cases which is described in para ‘4’ of the bail petition.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Madya Nisedh P.S. Case No. 222 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, Excise-II, Kishanganj with the condition that petitioner
shall not indulge himself in similar nature of offences in
future.
(Ashok Kumar Pandey, J)
lata/-
U T
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